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PruneYard Shopping Center v. Robins

United States Supreme Court

447 U.S. 74 (1980)

Relevant factsFree

PruneYard (defendant), a large private shopping center, had its security remove a group of high school students (plaintiffs) who peacefully set up a table to distribute pamphlets and collect signatures on a UN resolution petition, pursuant to PruneYard's policy against publicly expressive activity; the California Supreme Court ruled the state constitution protected the students' activity there, and PruneYard appealed, arguing the state-imposed limitation on its exclusion right amounted to an unconstitutional taking.

IssueFree

Whether the right to exclude others from private property is so essential to the economic value of a shopping center that a state-authorized limitation on that right amounts to a taking.

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